Article Sidebar

Share this Story: B.C. man who spent 27 years behind bars after being wrongfully convicted awarded $8 million in damages

Trending

Article content

VANCOUVER — A B.C. man who spent 27 years behind bars after being wrongfully convicted has been awarded $8 million in damages, much less than Ivan Henry was seeking at trial.

In a ruling released Wednesday, B.C. Supreme Court Chief Justice Christopher Hinkson concluded that the Crown’s wrongful non-disclosure of relevant information seriously infringed Ivan Henry’s right to a fair trial and demonstrated a “shocking disregard” for his Charter rights.

B.C. man who spent 27 years behind bars after being wrongfully convicted awarded $8 million in damagesBack to video

“If Mr. Henry had received the disclosure to which he was entitled, the likely result would have been his acquittal at his 1983 trial, and certainly the avoidance of his sentencing as dangerous offender,” said Hinkson in his 130-page ruling.

“The Province is therefore liable for Mr. Henry’s wrongful conviction and subsequent lengthy period of incarceration.”

Advertisement

Story continues below

This advertisement has not loaded yet, but your article continues below.

Article content continued

The judge awarded a total of $8,086,691, including $7.5 million in damages to “serve the vindication and deterrence functions” of the Charter, $530,000 in compensatory damages and $56,000 in special damages.

At trial, Henry had sought an award of more than $30 million in damages.

A free man at last after 27 years in jail, Ivan Henry, 64, (right) with son in law, David Olivares, (left) daughter, Tanya Olivares (2nd from left) and daughter, Kary Henry, (right) after being acquitted of 1983 rape charges in Vancouver, B.C. on October, 27, 2010.Ian Smith/PNG

Hinkson also found that the Crown’s failure to disclose the information to which Henry was entitled negates any fault on the part of the Vancouver police for any failings that might be attributed to them in their investigation of the crimes.

And he concluded that the B.C. government had not established fault on the part of the federal Crown.

Advertisement

Story continues below

This advertisement has not loaded yet, but your article continues below.

Article content continued

“The evidence before me falls short of establishing that the federal Crown failed to conduct a meaningful review of Mr. Henry’s applications for mercy or that the federal Crown behaved recklessly or in bad faith.”

The judge dismissed a claim on behalf of Henry’s daughters for emotional distress and loss of guidance.

Henry was arrested in July 1982 and charged with three counts of rape, two counts of attempted rape and five counts of indecent assault, involving eight different women.

In March 1983 Henry, representing himself at trial, was convicted of 10 sex offences that occurred in 1981 and 1982.

Advertisement

Story continues below

This advertisement has not loaded yet, but your article continues below.

Article content continued

His initial appeal to the B.C. Court of Appeal was dismissed for want of prosecution after he failed to come up with the $4,000 he needed to pay for trial transcripts.

A police lineup photo from May 1982 that included Ivan Henry. /Vancouver Sun

Henry maintained that he was innocent while serving his sentence and filed numerous appeals, motions and applications from prison, all of which were dismissed.

He carried a copy of a controversial photo lineup picture in a plastic container on his person, afraid that it would be stolen.

After his case was reviewed by a special prosecutor, the B.C. Court of Appeal released him on bail in 2009.

In October 2010, the B.C. Court of Appeal quashed all 10 convictions and substituted acquittals.

Advertisement

Story continues below

This advertisement has not loaded yet, but your article continues below.

Article content continued

Henry then launched his civil suit against the B.C. government, the federal government and the City of Vancouver. During the trial, the federal government and the city settled with Henry for undisclosed amounts.

Henry and his lawyers could not be reached for comment Wednesday.

Justice Minister Suzanne Anton released a statement noting that in the coming weeks the ministry’s legal counsel will review the judge’s ruling and provide advice on next steps.

“It is important to recognize that Canadian law on disclosure has undergone significant developments since Mr. Henry’s criminal trial in 1982. The legal obligations for police and prosecutors in making disclosure to the defence are now much more robust and clearly defined.”

Advertisement

Story continues below

This advertisement has not loaded yet, but your article continues below.

Article content continued

NDP justice critic Leonard Krog said the government needs to do the right thing, accept the judge’s ruling, pay Henry his money and move on.

“Wasting more government money is just that, it’s a waste. Any sensible party to a piece of litigation would have settled this ages ago.”

Louisa Russell of Vancouver Rape Relief and Women’s Shelter said her organization was “outraged” by the judge concluding Henry would likely have been acquitted had he got the Crown disclosure. She was concerned that none of the complainants testified at trial.

“I have been in touch with several of the victims. They’re really disappointed and discouraged. They’re now thinking through their next steps, their next possibilities and options and of course we’re steadfast in wanting to support them.”

Share this Story: B.C. man who spent 27 years behind bars after being wrongfully convicted awarded $8 million in damages

Trending

Related Stories

This Week in Flyers

Article Comments

Comments

Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. Comments may take up to an hour for moderation before appearing on the site. We ask you to keep your comments relevant and respectful. We have enabled email notifications—you will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. Visit our Community Guidelines for more information and details on how to adjust your email settings.

Notice for the Postmedia Network

This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Service and Privacy Policy.